Last Updated on April 13, 2019 by LawEuro
European Committee of Social Rights
Comité européen des Droits sociaux
DECISION ON ADMISSIBILITY
22 March 2012
International Federation for Human Rights (FIDH)
v. Belgium
Complaint No. 75/2011
The European Committee of Social Rights, committee of independent experts established under Article 25 of the European Social Charter (“the Committee”), during its 256thsession attended by:
Messrs Luis JIMENA QUESADA, President
Colm O’CINNEIDE, Vice-President
Mr Jean-Michel BELORGEY, General Rapporteur
Mrs Csilla KOLLONAY LEHOCZKY
Messrs Andrzej SWIATKOWSKI
Lauri LEPPIK
Mrs Birgitta NYSTRÖM
Messrs Rüçhan IŞIK
Petros STANGOS
Alexandru ATHANASIU
Mrs Jarna PETMAN
Elena MACHULSKAYA
Mr Giuseppe PALMISANO
Mrs Karin LUKAS
Assisted by Mr Régis Brillat, Executive Secretary,
Having regard to the complaint dated 13 December 2011, registered on the same date as number75/2011, lodged by the International Federation for Human Rights (“the FIDH”) and signed by its President, Mrs Souhair Ben Hassen, requesting the Committee to find that the situation in Belgium is not in conformity with Articles 13§3, 14, 15§3 16, 30 and E of the Revised European Social Charter (“the Charter”) – the latter read in conjunction with the above-mentioned provisions
Having regard to the notification addressed to the Belgium Government (“the Government”) on 16 December 2011;
Having regard to the documents appended to the complaint;
Having regard to the Charter and, in particular, to Articles 13§3, 14, 15§3, 16, 30 and E, which read as follows:
Article 13 – The right to social and medical assistance
Part I: “Anyone without adequate resources has the right to social and medical assistance”.
Part II: “With a view to ensuring the effective exercise of the right to social and medical assistance, the Parties undertake: (…)
3. to provide that everyone may receive by appropriate public or private services such advice and personal help as may be required to prevent, to remove, or to alleviate personal or family want (…)”.
Article 14 – The right to benefit from social welfare services
Part I: “Everyone has the right to benefit from social welfare services”.
Part II: “With a view to ensuring the effective exercise of the right to benefit from social welfare services, the Parties undertake:
1. to promote or provide services which, by using methods of social work, would contribute to the welfare and development of both individuals and groups in the community, and to their adjustment to the social environment;
2. to encourage the participation of individuals and voluntary or other organisations in the establishment and maintenance of such services”.
Article 15 – The right of persons with disabilities to independence, social integration and participation in the life of the community
Part I: “Disabled persons have the right to independence, social integration and participation in the life of the community”.
Part II: “With a view to ensuring to persons with disabilities, irrespective of age and the nature and origin of their disabilities, the effective exercise of the right to independence, social integration and participation in the life of the community, the Parties undertake, in particular: (…)
3. to promote their full social integration and participation in the life of the community in particular through measures, including technical aids, aiming to overcome barriers to communication and mobility and enabling access to transport, housing, cultural activities and leisure”.
Article 16 – The right of the family to social, legal and economic protection
Part I: “The family as a fundamental unit of society has the right to appropriate social, legal and economic protection to ensure its full development”.
Part II: “With a view to ensuring the necessary conditions for the full development of the family, which is a fundamental unit of society, the Parties undertake to promote the economic, legal and social protection of family life by such means as social and family benefits, fiscal arrangements, provision of family housing, benefits for the newly married and other appropriate means”.
Article 30 – The right to protection against poverty and social exclusion
Part I: “Everyone has the right to protection against poverty and social exclusion”.
Part II: “With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary”.
Article E –Non-discrimination
“The enjoyment of the rights set forth in this Charter shall be secured without discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national extraction or social origin, health, association with a national minority, birth or other status”.
Having regard to the Additional Protocol to the European Social Charter providing for a system of collective complaints (“the Protocol”);
Having regard to the Rules of the Committee adopted by the Committee on 29 March 2004 at its 201st session and revised on 12 May 2005 at its 207th session, on 20 February 2009 at its 234th session and on 10 May 2011 at its 250th session (“the Rules”);
Having deliberated on 22 March 2012;
Delivers the following decision, adopted on the above-mentioned date:
1. The FIDH alleges that in Belgium, the current situation of serious shortage of accommodation solutions for highly dependent disabled adults and their families represents a violation of Articles 15§3 and 16,taken alone or in conjunction with Article E of the Charter.
It also states in particular that the aforementioned deficiency deprives highly dependant disabled adults and their families of an effective access to social and medical assistance, social services, housing as well as autonomy, social integration and opportunities to take part in community life, wich represents a violation of Articles 13§3, 14 and 16, taken alone or in conjunction with Article E. Furthermore, according to the FIDH, this lack of legal and social protection exposes them to lasting poverty and exclusion in violation of Article 30, taken alone or in conjunction with Article E.
THE LAW
2. The Committee observes that, in accordance with Article 4 of the Protocol, which was ratified by Belgium on 23 June 2003 and entered into force for this State on 1 August 2003, the complaint has been submitted in writing and concerns Articles 13§3, 14, 15§3, 16, 30 and E of the Charter, provisions accepted by Belgium when it ratified this treaty on 02 March 2004 and to which it is bound since the entry into force of this treaty in its respect on 1 May 2004.
3. Moreover, the grounds for the complaint are indicated.
4. The Committee notes that, in accordance with Articles 1 b) and 3 of the Protocol, the FIDH is an international non-governmental organisation with participative status with the Council of Europe. It is included in the list, established by the Governmental Committee, of international non-governmental organisations that are entitled to lodge complaints before the Committee.
5. The Committee has already considered that the FIDH has particular competence for the purposes of the collective complaints procedure within the meaning of Article 3 of the Protocol in respect of several issues covered by registered complaints (FIDH v. Greece, complaint No. 7/2000, decision on admissibility of 28 June 2000, §8; FIDH v. France, complaint No. 14/2003, decision on admissibility of 16 May 2003, §5; FIDH v. Belgium, complaint No. 62/2010, decision on admissibility of 1 December 2010, §6; FIDH v. Greece, complaint n° 72/2011, decision on admissibility of 7 December 2011, §8). In view of the broad scope of activities of the FIDH, it considers that the condition is also fulfilled for the purpose of the instant complaint.
6. The complaint is signed by Mrs Souhair Ben Hassen President of the Organisation. The Committee has already considered that Mrs Souhair Ben Hassen is entitled to represent FIDH for the purposes of the collective complaints procedure (FIDH v. Belgium, complaint n° 62/2010, decision on admissibility of 1 December 2010, §7; FIDH v. Greece, complaint n° 72/2011, decision on admissibility of 7 December 2011, §7). The Committee, therefore, considers that the condition provided for in Rule 23 of the Rules is fulfilled.
7. For these reasons, the Committee, without finding it necessary to invite the Government to submit observations on admissibility (Article 6 of the Protocol and Rule 29§4), on the basis of the report presented by Mr Petros STANGOS, and without prejudice to its decision on the merits of the complaint,
DECLARES THE COMPLAINT ADMISSIBLE
In application of Article 7§1 of the Protocol, requests the Executive Secretary to notify the complainant organisation and the Respondent State of the present decision, to transmit it to the parties to the Protocol and the states having submitted a declaration pursuant to Article D§2 of the Charter, and to make it public.
Requests the Executive Secretary to publish the decision on the Internet site of the Council of Europe.
Invites the Government to make written submissions on the merits of the complaint by 31 May 2012
Invites the FIDH to submit a response to the Government’s submissions by a deadline which it shall determine;
Invites parties to the Protocol and the states having submitted a declaration pursuant to Article D§2 of the Charter to make comments by 31 May 2012, should they so wish;
In application of Article 7§2 of the Protocol, invites the international organisations of employers or workers mentioned in Article 27§2 of the Charter to make observations by 31 May 2012.
| Petros STANGOS Rapporteur |
Luis JIMENA QUESADA President |
Régis Brillat Executive Secretary |
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